Attorney General has standing as parens patriae to seek surcharge against former officer and director of dissolved nonprofit corporation formed for charitable purposes, and the surcharge is not time barred nor foreclosed by a previous plea agreement for restitution in … Continue reading
Tag Archives: surcharge
Executor commissions and legal fees paid by insolvent estate to the son of the decedent will be reduced when the legal fees were in great measure incurred to defend the estate from a claim of surcharge against the decedent who … Continue reading
Administrator C.T.A. surcharged for disbursements from estate funds for expenses that appear to be for her own personal use, and for amounts paid to the estate of the decedent’s brother and his widow, but not for amounts paid for repairs … Continue reading
Agent under power of attorney who was appointed “to serve jointly” with co-agent, but who acted alone, is surcharged for unexplained or unaccounted for expenditures, for changing an IRA beneficiary to herself, which was inconsistent with the principal’s intent as … Continue reading
Mother used Uniform Transfers to Minors custodial funds to purchase a home in her own name. Although children lived in home for at least part of the time, mother was ordered to pay over to the children the entire proceeds … Continue reading
Attorney for administrator of estate held to be secondarily liable for surcharge against administrator for failing to make distribution to estate of deceased beneficiary; appeal not timely and should be quashed. Estate of Thomas Brawner Sr., 6 Fid.Rep.3d 386, No. … Continue reading
Surcharge imposed against trustee for more than $600,000 for “reimbursements” to herself, but surcharge for failure to properly invest funds denied because the testimony of the expert witness was speculative and simplistic and lacked a solid foundation. In addition, punitive … Continue reading
Executors surcharged for sale of estate property to a son of one executor, for expenses paid to the purchaser of the property for “cleanup” of the property 20 days before the sale, for distributions of automobiles contrary to the provisions … Continue reading
Counsel fees of $34,848, paid from an estate of $102,852, reduced to $18,000, and executor surcharged for excess, when the testimony of counsel was conclusory and failed to justify the fee paid from an estate with no unusual complexities or … Continue reading
One co-executor surcharged for legal fees paid to defend criminal harassment charge by beneficiary; another executor surcharged for payment of invoices for work supposedly done by the executor during decedent’s lifetime when there was a lack of credible evidence that … Continue reading